The Secretary, or the Secretary of Agriculture where national forest wilderness is involved, shall include in any right-of-way issued pursuant to an application under this subchapter, terms and conditions which shall include, but not be limited to—
(1)requirements to insure that, to the maximum extent feasible, the right-of-way is used in a manner compatible with the purposes for which the affected conservation system unit, national recreation area, or national conservation area was established or is managed;
(2)requirements for restoration, revegetation, and curtailment of erosion of the surface of the land;
(3)requirements to insure that activities in connection with the right-of-way will not violate applicable air and water quality standards and related facility siting standards established pursuant to law;
(4)requirements, including the minimum necessary width, designed to control or prevent—
(A)damage to the environment (including damage to fish and wildlife habitat),
(B)damage to public or private property, and
(C)hazards to public health and safety;
(5)requirements to protect the interests of individuals living in the general area of the right-of-way who rely on the fish, wildlife, and biotic resources of the area for subsistence purposes; and
(6)requirements to employ measures to avoid or minimize adverse environmental, social or economic impacts.
(b) Wild and Scenic Rivers System
Any transportation or utility system approved pursuant to this subchapter which occupies, uses, or traverses any area within the boundaries of a unit of the National Wild and Scenic Rivers System shall be subject to such conditions as may be necessary to assure that the stream flow of, and transportation on, such river are not interfered with or impeded, and that the transportation or utility system is located and constructed in an environmentally sound manner.
(c) Pipeline rights-of-way
In the case of a pipeline described in section
185(a) of title
30, a right-of-way issued pursuant to this subchapter shall be issued in the same manner as a right-of-way is granted under section
185 of title
30, and the provisions of subsections (c) through (j), (l) through (q), and (u) through (y) ofsection
185 of title 30 shall apply to rights-of-way issued pursuant to this subchapter.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
LII has no control over and does not endorse any external Internet site that contains links to or references LII.